Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5980 of 2026 ====================================================== Kamlesh Paswan S/o Lakshandev Paswan, R/o Village Post- Manika, Manka, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Aurangabad. 2.

The Collector-cum-District Magistrate, Aurangabad. 3.

The Superintendent of Police, Aurangabad, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Respondent/s :

Mr. Ramadhan Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-04-2026 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:

"I. For issuance of an appropriate writ /order/direction to quash the memo of charge issued by Superintendent of Police, Aurangabad vide District order No. 1776/2020, dated 02.10.2020 by which memo of charge was served upon petitioner to face departmental enquiry for the said charges.

Patna High Court CWJC No.5980 of 2026 dt.21-04-2026 2/3 II. For issuance of an appropriate writ/order/direction to quash the enquiry report submitted by enquiry Officer in departmental proceeding against petitioner in which it was reported that charges are reflected.

III. For issuance of an appropriate writ, order, direction to quash the order bearing memo no. 2662 dated 22.08.2023 passed by District Magistrate Aurangabad by which the petitioner has been retired voluntarily for the charges, the enquiry report was submitted saying that charges for indiscipline, arbitrariness against his duty are reflected without the defence raised by petitioner in his showcause reply. IV. For issuance of an appropriate writ/order / direction granting any other relief or reliefs for which the petitioner is found entitle."

3. After some arguments, learned counsel for the State raised a preliminary objection and submitted that the petitioner has not availed the statutory remedy of appeal.

4. In the light of the submissions made, this writ petition is disposed off directing the petitioner to avail the remedy of appeal first then come to this Hon'ble Court. The

Patna High Court CWJC No.5980 of 2026 dt.21-04-2026 3/3 delay, if any, in filing the appeal shall be condoned, if filed within 30 days from today.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2026 Transmission Date